Excerpts From Draft U.S.-Iraqi "Security" Agreement

Associated Press

October 17, 2008 -- (AP) - Excerpts from the draft U.S.-Iraqi security agreement meant to replace the U.N. mandate for American-led forces in Iraq, which expires on Dec. 31. The Associated Press obtained a copy and translated the material from Arabic.
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U.S. armed forces personnel and civilian elements commit to respect Iraqi laws, customs, traditions and charters during the execution of military operations under this agreement, and they refrain from any activity that does not agree with the spirit and text of this agreement, and the United States is obliged to take all the necessary measures in this respect.
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For the purpose of deterring internal and external threats against the Republic of Iraq and to cement cooperation to defeat al-Qaida in Iraq and other outlawed groups, the two parties agreed on a temporary basis on the following:

_ The Iraqi government requests the temporary assistance of U.S. forces for the purpose of supporting its effort to safeguard security and stability in Iraq including cooperation in carrying out operations against al-Qaida, other terror groups and outlawed groups, including remnants of the former regime.

_ All military operations under this agreement are carried out with the agreement of the Iraqi government and full coordination with Iraqi authorities. Supervising all these military operations will be a joint committee to coordinate military operations (JMOCC), which will be set up under this agreement. Issues related to the proposed military operations that the joint committee cannot resolve are referred to the joint ministerial committee.

_ All these operations must be executed with full respect to the Iraqi constitution and Iraqi laws and in line with Iraq's sovereignty and national interests as outlined by the Iraqi government. It is the duty of the U.S. forces to respect Iraq's laws, customs, traditions and international law.

_ The two sides agree to continue their efforts to cooperate on bolstering the security capabilities of Iraq according to what they agree on, including training, equipping, support, supply, building and modernizing logistical structures (transport, housing and supplying troops).
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The control and monitoring of Iraqi air space is handed over to Iraqi authorities once this agreement is in force.
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The United States has the primary right to exercise judicial jurisdiction over (U.S.) military personnel and civilians (contracted by the U.S. Defense Department) as far as incidents that take place inside the agreed facilities and areas and in the case of missions outside the agreed facilities and areas and under conditions not covered by the text of the second clause of this article.
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Iraq has the primary right to exercise judicial jurisdiction over (U.S.) military personnel and civilians (contracted by the Defense Department) in respect of premeditated and gross felonies mentioned in clause 8 of this article and which are committed outside the agreed facilities and areas and when not on a mission.
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Iraq has the primary right to exercise judicial jurisdiction over those contracted by the United States and their employees.
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The two parties agree to offer assistance to each other at the request of one of the two in regard to investigations, gathering and sharing evidence to safeguard due process.
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U.S. forces are not authorized to arrest or detain anyone (except when that person is a U.S. service member or from the civilian component) except with an Iraqi order issued under Iraqi law.
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In the case that U.S. forces arrested or detained persons as authorized under this agreement or under Iraqi law, these persons must be handed over to Iraqi authorities within 24 hours of their detention or arrest.
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U.S. forces are not authorized to search homes or other properties without a judicial order issued for this purpose except in cases when actual fighting is taking place under article 4 and in coordination with relevant Iraqi authorities.
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U.S. forces withdraw from Iraqi territory by Dec. 31, 2011, at the latest.
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U.S. forces withdraw from Iraqi cities, villages, areas on a date that is not later than the date in which Iraqi security forces take full responsibility for security there, provided that U.S. forces pull out from the above mentioned areas by June 30, 2009, at the latest.
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U.S. combat forces withdrawn under clause 2 are based in agreed facilities and areas outside the cities, villages and areas that will be designated by the joint committee for military operations before the date set in clause 2.
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The two parties review progress made toward meeting the deadline mentioned in clause 2 and the conditions that could allow both parties to ask the other either to bring forward or extend the timeframe mentioned in clause 2. Accepting to extend or bring forward the timeframe is subject to the approval of both parties.
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Before the expiry of the deadline mentioned in clause 1 and on the basis of Iraq's assessment of conditions on the ground, the Iraqi government can ask the U.S. government to keep forces for the purposes of training and supporting Iraqi security forces. In that case, a special agreement will be implemented and be negotiated and signed by both parties under laws and constitutional procedures applicable in both countries.
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U.S. forces can withdraw by dates that are before the dates designated in this clause at the request of either party. The United States acknowledges the Iraqi government's sovereign right to request the departure of U.S. forces from Iraq at any time.
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This agreement is in force for three years unless terminated before that under clause 3 of this article or if the two parties have not agreed in writing to extend it under clause 2.
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This agreement comes into force Jan. 1, 2009, after the two parties exchange diplomatic notes supporting the completion of the necessary measures to bring the agreement in to force under the constitutional provisions in each party.

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